James Holmes' lawyers want closed jury selection

Dan Elliott Associated Press

Posted:
05/29/2014 09:33:53 AM MDT

Click photo to enlarge

Arapahoe County district attorney, George Brauchler, arrives at the Arapahoe County Justice Center for a hearing in the 2012 Colorado theatre shooting case on Thursday, May 29, 2014 in Centennial, Colo. The hearing will focus on how prospective jurors should be interviewed and what they should be asked in a written questionnaire. James Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack. Prosecutors are seeking the death penalty. Jury selection is scheduled to start in October, and the judge has said it could take up to three months. (AP Photo/The Denver Post, Andy Cross, Pool)

CENTENNIAL, Colo. (AP) — Lawyers for the man suspected of killing 12 people in a mass shooting at a Colorado movie theater told a judge Thursday they want the public and the media barred from the entire jury selection process.

Prosecutors agreed that individual questioning of potential jurors should be closed but said the last step should be kept open, when the panel of 12 jurors and 12 alternates will be chosen.

District Judge Carlos A. Samour Jr. did not say when he would rule on the request.

James Holmes is charged with murder and attempted murder in the July 2012 attack, which also left 70 people wounded. He has pleaded not guilty by reason of insanity. Prosecutors are seeking the death penalty.

Assistant Arapahoe County district attorney Karen Pearson, center, along with James Holmes' defense attorney Tamara Brady, right, leave a courtroom at the Arapahoe County Justice Center after a motion hearing for particular procedures during jury selection Thursday morning, May 29, 2014, in Centennial, Colo. Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 in the July 2012 attack. Prosecutors are seeking the death penalty. Jury selection is scheduled to start in October, and the judge has said it could take up to three months. (AP Photo/The Denver Post, Andy Cross, Pool) (Andy Cross/AP)

Jury selection is scheduled to start Oct. 14, and Samour has said it could take up to three months. About 5,000 potential jurors will get a summons, and Samour expects 3,200 to 3,500 to respond.

The trial is expected to take another five months.

Holmes appeared in court Thursday in shackles and red jail clothes. His thick beard had grown back out after he shaved it off late last year. He didn't speak.

Defense attorney Daniel King argued that jury selection should be closed to protect potential jurors from harassment about their answers.

"That's extremely troubling to us," he said. He suggested a redacted transcript could be released after a jury is chosen, with prospective jurors' names blacked out.

Advertisement

Prosecutor Karen Pearson said individual questioning should be closed to prevent potential jurors from learning through media reports what they would be asked.

Steve Zansberg, an attorney representing media organizations including The Associated Press, said outside the hearing that he plans to file a brief next week arguing against closure on First Amendment grounds.

"The First Amendment presumes that all aspects of a trial, including jury selection, are going to be open," he said.

Samour said Holmes could be present during jury selection, except while members of the jury pool are filling out a lengthy questionnaire, when the judge and attorneys will also leave the room.